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Grassley, Marshall Advocate for Ag Certainty After Court Ruling Restricts Herbicide Use

Senate Agriculture Committee member Chuck Grassley (R-Iowa) joined Sen. Roger Marshall (R-Kan.) in insisting the Environmental Protection Agency (EPA) appeal a federal district court decision that nullified certain dicamba herbicide registrations. In a letter to the EPA, Grassley and Marshall also requested the agency expand its existing stocks order, which currently applies to distributors and growers, to authorize impacted registrants to sell the dicamba products they’ve already manufactured.

“While the existing stocks order helps, EPA can do more to alleviate the impact of this decision. U.S. farmers are already coping with record input costs, crippling interest rates and lackluster commodity prices,” the senators wrote. “The last thing farmers need now is to lose access to critical crop protection tools in which they have already invested thousands of dollars and on which they have based this year’s planting decisions,”

“Access to safe, effective crop protection tools is vital for allowing farmers to continue to efficiently and sustainably feed, clothe and fuel the world. We respectfully ask for your prompt attention to this court decision so that farmers may continue to do so,” they continued.

The United States is a leader in soybean and cotton production and exports. Further, farmers have already made planting decisions on seed genetics and crop protection tools for their soybeans and cotton. This ruling creates uncertainty for farmers, poses supply chain strains as producers seek alternative herbicides and could have global economic effects.

In addition to Grassley and Marshall, signatories include Sens. Jerry Moran (R-Kan.), Cindy Hyde-Smith (R-Miss.), Thom Tillis (R-N.C.), Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), Pete Ricketts (R-Neb.), Tommy Tuberville (R-Ala.), James Lankford (R-Okla.), Bill Hagerty (R-Tenn.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Deb Fischer (R-Neb.), Mike Braun (R-Ind.), Ted Cruz (R-Texas), Marsha Blackburn (R-Tenn.), John Thune (R-S.D.), Joni Ernst (R-Iowa) and Todd Young (R-Ind.).

Read the full letter HERE.


The U.S. District Court for the District of Arizona on February 6, 2024 issued a ruling nullifying three dicamba herbicides the EPA registered in 2020: Bayer Xtendimax; BASF Engenia; and Syngenta Tavium. The Court found the agency violated notice and comment requirements for “new use” pesticide registrations for over-the-top dicamba use on dicamba-tolerant crops under the Federal Insecticide, Fungicide, and Rodenticide Act.

On February 14, 2024, the EPA released an existing stocks order permitting the “limited sale and distribution of dicamba products that are already in the possession of growers or in the channels of trade and outside the control of the pesticide companies.” Per the order, entities can sell and distribute existing stocks through May 13, 2024. Growers in Iowa can use stocks they have through June 12, 2024.


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